Chandra Kumar Jha @ Lila Kant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79999 of 2024 Arising Out of PS. Case No.-696 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandra Kumar Jha @ Lila Kant Jha S/o- Late Chiranji Jha Village- Pali, P.SBenipatti, District-Madhubani, A/p- F-61, Anand Bihar Colony Bhutnath Road, Ps- Agamkuan Dist- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Raj Kumari Devi W/o- Sri Chandra Shekhar Yadav VillageMaksudpur Ps- Haya Ghat Dist- Darbhanga, A/p- MIG F.No-3, Sect. 7, Block-6, Bahadurpur Housing Colony Ps- Agamkuan Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 417, 419 of the Indian Penal Code.
3. As per complaint case, petitioner and other coaccused persons are alleged to have cheated Rs. 8,84,000/- of complainant and her husband by executing a sale-deed in their favour, which was already registered in the name of some other person. It is further alleged that accused persons promised to return the alleged money, but did not return.
Patna High Court CR. MISC. No.79999 of 2024(7) dt.28-07-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and has been made accused in this case merely because he happens to be father of co-accused Shailendra Kumar, who was identifier of the alleged sale-deed. There is no assertion in the complaint petition that any money was paid to this petitioner. As a matter of fact, two sale-deeds were executed by Smt Manju Thakur in favour of one Smt Kiran Devi and one Smt Raj Kumari Devi (complainant) and in these two sale deeds, the complainant along with Kiran Devi received the amount and put their respective signature on the said sale-deeds itself on 29.12.2015. By way of filing supplementary affidavit, learned counsel for the petitioner submits that other co-accused persons namely Manju Thakur, Shailendra Kumar, Rakesh Kumar, Chandra Kant Jha have already been granted anticipatory bail by the Court below itself, since co-accused Manju Thakur, who was vendor of the alleged sale-deed, has already returned money to the complainant.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a
Patna High Court CR. MISC. No.79999 of 2024(7) dt.28-07-2025 3/3 period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna in connection with Complaint Case No. 696(C) of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J) anay U T